The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-19
And that the Commissioners Have No Author
ity to Make Rates for the Transportation
of Either Passengers or Freights.
Ruling that Will Throw Good Deal of
Light in Places Where 1t Is Needed.
Strong Intimation that Railway Officials Are
Purposely Hampering Business, Coupled
with Rather Suggestive Hint.
THE RAILWAY COMMISSION.
Clear Statement of their Powers and Dutie
Under the Interstate Law.

taken by the Interstate-commerce Commission
The immediate matters selectsd to which to
append the opinions of the commission only
affect the interests of limited classes, but the
opinions themselves cover. in important respects.
and determinations respecting the extent of the
powers with which the commission deems itself
charged; and. as is proved by the immense
of the commission, are of in
terest to almost every branch of trade or COM
merce in the land. The following is the text of
the ruling:
"In the matter of the petition Of the order Of
railway conductors.
s'In the matter of the petition of the Traders
and Travellers Union.
IAN application in writing has been made to
the commission for its answer to the following
questions propounded on behalf of the order OF
railway conductors:
"'First-Are railway companies prob ibted
from issuing free transportation to the immedi-
ate families of employees Of their own raiiwaysl
"'Second-Are railway companies prohi bited
from issuing free reduced transportation to
officers of associations composed exclusively of
railway emp Dyes, while those officers are tenn
porarly out of railway service and exclusively
employed by those associations!
'''Third-May railway companies issue passes
to employees of other railways on the application
of the employe, or must the application come
from officer of the company by which ne is
employedl
".Fourth-May railway companies issue free
reduced transportation to those who make
railway service their business or trade, while
temporarily out of employment and in search Of
situationsa
'.'Fifth-ATay railway companies provide free
transportation for delegates to the annual con-
ventions OF an association composed exclusively
of railway employees, upon certificates from the
officers of the association that they are such rep
sentatives2
".Sixih-It free transportation may be fur
nished TO the representatives described in Ques-
ton five, must all such representatives be
actually in the employ of some railway, or may
it include those who may be temporarily out of
emplo yment and those temporarily engaged in
other employments as officers of such assoca-
tions?
.Seventh-If free transportation is provided
for delegates described in question five may it
include members of the immediate families of
deegatesl
"'Eighth-If free transportation or reduced
rates are provided for the representatives of any
one ASSOCIATION, must the same be extended to all
others which are com posed exclusively of rail-
way employees on applicasionP
Another application has been made to the
commission on behalf of the Traders and Trav-
elers' Union, stating the system under which an
additional allowance of free baggage has been
heretofore carried by commercial travellers sub
ject to written agreement for registry and in
Identification. which system the commission is
requested to examine carefully and advise us il
there is any reason why railroad company de-
string to do SO should not enter into such an
arrangement to grant. under stated terms, an
increased allowance of free baggage.
''These two petitions. presented by highly re-
spectacle organizations and raising questions
of immediate practical Importance, are repre-
sentative of large number of similar applica-
tions which have been made to the commission
for its construction OF provisions Of the act to
regulate commerce. as applied to the various
points at which those provisions touch the GUS
toms of the past. They have been selected
simply as they indicate the general character of
all and enable the commission to announce GER
tain conclusions to which it has arrived respect
ing it's jurisdiction and its powers.
.It is obvious, from the tenor of such arplica-
tions as these, which reach us by every mail,
that the impression is generally prevalent that
this commission has power to construe. interpret
and apply the law by preliminary judgment.
We are continually appealed to for decisions in
: advance as to whether common carriers said to
be willing to adopt certain methods of dealing
with respect to interstate commerce. can do SO
without subiecting themselves to the penalties
denounced by the statute for violating its pro-
visions A careful reading of the act to regulate
commerce, under which this commission is or
ganized, will show to the petitioners and others
who have made similar applications, that n jur-
isdiction has been given US to answer questions
like those under consideration. An expression
of our opinion upon these subjects, at this time
being neither q duty imposed nor power con-
ferred by the statute. would carry with it no
judicial efficacy sanction; in fact, would be no
more useful to the public or the carriers than
the opinion of other men upon the same points.
Two sections OF the law confer power upon the
commission to entertain and decide applications
and petitions. Section empowers us, upon ap.
pllcation OF q common carrier. to authorize such
common carrier, in special cases. to charge less
for longer than for shorter distances over the
same line, and also to prescribe the extent of re-
lief from the operation of the former part of the
| came section which designated common car
rier may. from time to time eniov A large
number of petitions have been fled under this
section. the consideration of which is at this
time engaging the attention OF the commission.
and nothing said In this opinion is to be treated
| as in any manner bearing thereon. 1t is obv
| Gus that applications like those of the railway
| conductors and the Traders and Travellers Unior
have no relation whatever to the duties imposed
| upon us by Section f. And this is the only sec
| ton OF the law which the commission has power
to suspend or relax
Section l3 authorizes complaints to the com
mission and confers jurisdiction to entertain the
| same 1t provides that any person complaining
| of anything done or omitted to be done by any
| common carrier subject to the provisions of this
act in contravention of the provisions thereof
may apply to said commission by petition
which shall briefly state the facts Notice ant
/ opportunity for answer having been given. un
less satisfaction is made. investigation is re
/ quired. Upon such An Investigation. the com
| mission will necessarily entertain the consider
alton of the question whether the conduct com
planned of is or is not in contravention of th
provisions of the law; and IL it adjudges, it i
authorized TO issue notice enjoining the car
rier from further violation of the law and Il
award reparation for the injury done. or both
But neither the railway conductors nor the Trad
| ers and Travellers Union complain that any com
/ mon carrier has violated the law. On tho con
/ trary they both aver that the railroad companie
do not violate tho law an
do not wish to do So The conductor
say that they fear they will not receive passes
| as heretofore. and the traders and travellers sa
that they fear commercial travellers will not b
| allowed free transportation for l5o pounds G
extra baggage, was allowed last year. The
present no complaint of anything done omit
| ted in contravention of the provisions @
the law. Ii railroad company shoul
| issue q pass to conductor aud his fan
/ lily TO attend the approaching convention, o
should transport 300 pounds OF baggage free fo
| eial nd "a n